KIDDOS

Hello. A friend of mine got married and her husband won a green card from the DV
lottery. They went to the interview (in Europe), everything was fine but one thing.
She has been a student (F1) in the USA for like
3.5 years (she went back to Europe like 7-8 months ago). The consulate told her that
her transcript shows that twise she has taken less then the required courses for
full time student. She explained that the school was not offering the courses she
needed. The consulate told her that she has to proove that she has been a full
time student while she was in USA, otherwise they would BAN her for 3 years. My
question is:

IF THEY BAN HER FOR 3 YEARS, IS SHE STILL GOING TO KEEP HER GREEN CARD AND CAN SHE
COME INTO USA AFTER 3 YEARS?

She was told also by a lawyer before that her non-immigrant (F1) status has nothing
to do with her immigrant (GC) status ?

Is there something she can do?

Thank you!

paulgani

The following link:

http://www.shusterman.com/up-canada.html

is a State Department memo for Consulates which is for Canadian overstayers, but more
importantly, mentions how F visas and status violations should be treated.

As such, it is very unlikely she has accumulated 180 days of unlawful presence to
trigger the 3 year ban, because her status violation, if any, was not detected by an
INS official at that time.

Paulgani

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